Vacation

ADIS Code - CWOV

A vacation of a legal proceeding etc registered in the CWO Register is the equivalent of a withdrawal or release of an instrument registered in the General Register.

Prior to registration the lodging party must present the application for vacation to the Manual Records Counter, Basement 1, for a check of the details contained therein.

Application form

An application for vacation of an Order of Court must be a certificate in the form set out in Schedule 2 Form 2 Conveyancing (General) Regulation 2013 or words to the same effect and bear the seal of the Court.  The words "Evidence in support ... below/attached" are not required.

An application for vacation of a writ or legal proceeding by:

  • the relevant party, see Rule 4.7 of the Lodgment Rules or
  • the Supreme Court, see s37 Conveyancing (General) Regulation 2013
  • must be in the form of a certificate as set out in Schedule 2 Form 2 Conveyancing (General) Regulation 2013 or words to that effect.

Supporting evidence

An application for vacation by the Rural Assistance Authority with the seal of the Authority affixed does not require further evidence.

All other applications must be supported by evidence supporting the vacation of registration as follows:

  • for a current legal proceeding:
    • a statutory declaration stating that the litigation has been determined and that any resulting Order of Court has been complied with.  The operative part of the Order must be quoted; or
    • evidence from the applicant of the registered legal proceeding.  An Order of the Supreme Court to vacate a legal proceeding pursuant to s201 Conveyancing Act 1919 will be registered as an Order of Court or
  • for a writ:
    • a statutory declaration stating that the writ has not been put into effect by sale or has been returned to the Court of issue or
    • an original receipt for payment of the monies due under the writ attached to the application (a copy of the receipt must be attached to a registration copy of the application).

Lodgment requirements

Stamp duty - Not required.

Registration copy - Either the original application or a registration copy of the application may be lodged.  If the registration copy is unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index particulars form (completion)

(A) Lodging Party - Must be completed as for a Real Property Act dealing.

(B) Instrument - CWO - Vacation

(C) Locality - Required in all instances.  The situation of the Old System land.

Link Conveyance - For the Old System land affected.

Principal Deed - Not required.

(D) Indexing - All parties to the application.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.

Name:  the full names (initials are acceptable) of the parties involved are required.  Advise the lodging party of any discrepancies in names. 

Principal Deed:  the number of the registered legal proceeding etc being vacated as stated in the application must be identical to the number stated on the IPF.

Execution:  by the applicant, eg the judgment creditor/plaintiff or their solicitor.  A power of attorney must be registered.  The judgment debitor/defendant does not have to sign.

Attestation:  not required.

IPF:  must be completed

Staff processing information

CA  Not required.

Ensure the small Registrar General's seal, date and initials of the Officer verifying the details have been affixed to the application and the registration copy.

Ensure the legal proceeding etc was registered in the CWO Register by conducting a search.  If the legal proceeding etc was registered under the General Frame, ie code "G", the vacation must be registered under the General Frame.

Registration of the vacation in the CWO Register cannot be insisted upon.  If registration of the vacation is required after informing the lodging party of any deficiency, the document cannot be registered in the General Register, ie under the General Frame (code "G").  Refer any doubt or queries to Legal Division through the Senior Examining Officer.

Indexing

Locality:  nil.

Link Conveyance:  nil.

Principal Deed:  required.  The registered legal proceeding etc and any renewals.

Noting: if:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:

Vacation of an Order of Court:  all parties to the Order, deceased estates or trusts, and any variations thereof.

Other Vacations:  the judgment debtor/defendant, deceased estates or trusts, and any variations thereof.

P:  nil.